The European Patent Office (EPO) is a first-to-file system. Often times, this means that applicants have to file their European patent applications with little or no experimental data to support the inventive property of the invention. This is particularly true …
Category: Europe
The European Patent Office issues a landmark decision on double patenting
The European Patent Convention (EPC) does not contain any specific provisions regarding the possibility of the same applicant obtaining two European patents for the same invention. As a result, and in the past, the Boards of Appeal of the European …
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Filing a Divisional Application in Europe – Part 15
This is the fifteenth post in our 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States, and Vietnam (in no particular order). Our first fourteen …
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Europe: Use of “Veggie Burger” is Okay but “Vegan Cheese” is Not
Background In Europe, Regulation (EU) No. 1308/2018 (Regulation) establishes a common organization of markets for agricultural products. Article 78 of the Regulation states that the terminology and naming conventions (such as definitions, designations, and sales descriptions) for various sectors and …
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The Doctrine of Equivalents: Examination of the Law in Denmark
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on any statutory law …
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The Federal Court of Justice is 1-1 in Granting Applications for Compulsory Licenses in Germany
On June 4, 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed the German Federal Patent Court’s (FPC) rejection of an application for a preliminary compulsory license to Amgen’s European Patent No. 2 215 124 (the ‘124 …
Tadalafil Patent Found Valid by Danish Maritime and Commercial High Court
Eli Lilly and Company (Eli Lilly) globally markets its product tadalafil (Cialis®) a PDE5 inhibitor, for use in the treatment of erectile (or sexual) dysfunction as well as for treating the signs and symptoms of benign prostatic hyperplasia. Tadalafil is …
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